Appeals in Civil Cases
The attorneys at Driscoll Rose have significant experience in handling civil appeals from a variety of tribunals, including state and federal trial court judgments, administrative agency decisions, and Indian Tribal Court decisions.
• February 2017 David Driscoll and Jeff Rose, on behalf of CenturyTel Service Group, LLC, files in the Denver District Court an appeal of nearly $700,000 in sales and use taxes imposed on certain computer software and software-related technological projects, including computer hardware.
• July 2016 David Driscoll, on behalf of CenturyLink and its subsidiary Qwest Corporation, files in the Denver District Court an appeal of three final determinations by the Executive Director of the Colorado Department of Revenue relating to sales and use taxes imposed on certain computer software.
• April 2015 David Driscoll and Jeff Rose complete the briefing in the Colorado Court of Appeals in Laughman v. Girtakovskis, a sports injury case involving serious fractures to the face and skull.
• June 2014 David Driscoll and Jeff Rose petition the Colorado Supreme Court for a Writ of Certiorari on behalf of a Colorado telecommunications company in a complex tax dispute involving state law preemption, Qwest Corporation v. City of Thornton and City of Northglenn.
•September 2012 In a complex insurance coverage dispute with Fireman’s Fund, David Driscoll, together with Driscoll Rose's co-counsel at Jenner & Block LLP’s Washington D.C. office, prevail in their appeal from the Boulder County District Court’s 2011 dismissal of their clients’ claims on claim preclusion grounds. In a unanimous decision, a three judge panel of the Colorado Court of Appeals reversed the trial court and remanded the matter with directions to reinstate the clients’ claims against their insurer. Probuild Holdings Inc. et al. v. Fireman's Fund Insurance Co., case number 11CA1948. The decision is described in a September 6, 2012 article in Law 360.
•May 2012 The Colorado Supreme Court granted Qwest’s petition for certiorari in Qwest Corporation v. Colorado Division of Property Tax, Division of Local Affairs. The lawsuit by Qwest challenged the constitutionality of the State’s disparate tax treatment of Qwest and Colorado cable companies. David Driscoll had been member of Qwest’s legal team in the case since its filing in the Denver District Court in 2009.
•October 2010 David Driscoll, on behalf of Qwest Communications International and Qwest Communications Company, argues an appeal before a panel of the Ohio Court of Appeals sitting in Youngstown. David appeared pro hac vice through local counsel. The case had to do with the interpretation of alleged ambiguities in a memorandum of understanding memorializing a settlement agreement reached at a mediation.
• 2008 The U. S. District Court, District of Colorado, affirmed the arbitrator’s decision in DMA Int’l v. Qwest Comm. Int’l, 2008 WL 4216261. In a published opinion, the Tenth Circuit affirmed both the lower court and the arbitrator’s decision and awarded attorney’s fees to David Driscoll’s clients related to the challenge to the arbitration award. (585 F.3d 1341, 10th Cir., Nov. 4, 2009) David represented Qwest in the arbitration by himself and in the appeal with co-counsel Chris Koenigs from Sherman & Howard.
• 2008 David Driscoll represented Qwest Corporation (now Century Link) in the Nez Perce Tribal Court of Appeals in Lapwai, Idaho. The appellate court reversed the Tribe’s tribal court ruling and dismissed multi-million dollar trespass claims against Qwest and one other non-tribe corporate defendant. David also handled the oral argument on the appeal.
•David Driscoll successfully represented a Louisville, Colorado woman in State Farm’s appeal of trial court rulings in favor of our firm’s client. The Colorado Court of Appeals decision in this case, Loza v. State Farm Mut. Auto Ins. Co., 970 P.2d 478 (1998), which followed a favorable jury verdict that included punitive damages, is still a leading decision in Colorado dealing with wrongful withholding of benefits by an insurer for an alleged pre-existing condition.
•David Driscoll and co-counsel Barre Sakol prevail in General Cable Company v. Industrial Claim Appeals Office of the State of Colorado, 878 P.2d 118 (1994). This case addressed for the first time the question whether an emotional stress disability arising out of a sexual relationship between a company employee and her supervisor may be compensable under the Workers' Compensation Act. The Court of Appeals, in a reported decision, ruled in favor of David and Barre’s client, the victim of the sexual harassment in question.
• In Benson v. Colorado Comp. Ins. Authority, 870 P.2d 624 (1994) the Colorado Court of Appeals, in a reported decision, affirmed a trial court ruling favorable to David Driscoll’s client. The ruling determined that David’s client, a home healthcare worker, was acting within the course and scope of her employment at the time of her injury when she was driving her automobile from one client visit to another.